The Deputy Director Of Health Services v. T.Gunasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.02.2024

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and C.M.P.No.26465 of 2019

1. The Deputy Director of Health Services, Tiruvannamalai, Tiruvannamalai District.

2. The Deputy Director of Health Services, Cheyyar, Tiruvannamalai District.

3. The Deputy Director of Medical and Rural Health Services, Tiruvannamalai District.

4. The District Family Welfare Officer, Tiruvannamalai District.

5. The Joint Director of Health Services, Government Headquarters Hospital, Tiruvannamalai District.

6. The Deputy Director of Medical Services (Leprosy), Tiruvannamalai District.

7. The Assistant Director of Veterinary Services, Tiruvannamalai District.

8. The Assistant Director of Veterinary Services, Arni, Tiruvannamalai District.

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9. The District Collector, Tiruvannamalai District, Tiruvannamalai.

10. The Joint Director of Agriculture, Tiruvannamalai District.

11. The Executive Engineer, Agricultural Engineering, Tiruvannamalai District.

12. The Secretary, Market Committee, Tiruvannamalai District.

13. The Deputy Registrar (Dairying), 331, Selvanagar, Venkikal, Tiruvannamalai District.

14. The Divisional Engineer, Highways, Tiruvannamalai District.

15. The Divisional Engineer, Highways, Chengalpattu.

16. The Executive Engineer, P.W.D., W.R.O., Special Scheme Division, (Water Sources and Land Development), Tiruvannamalai District.

17. The Executive Engineer, P.W.D., W.R.O., Central Pennaiyar, Basin Division, Tiruvannamalai District.

18. The Superintending Engineer, P.W.D., W.R.O., Penniyar Basin Circle, Tiruvannamalai District.

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19. The Inspector of Matric Schools, Tiruvannamalai District.

20. The Divisional Engineer, Highways, Tiruvallur.

... Appellants Vs.

1. T.Gunasekaran

2. R.Gajendiran

3. C.Ganapathy

4. P.Ramu

5. K.Arivazhagan

6. K.Devendiran

7. A.Elumalai

8. A.Karthikeyan

9. A.P.Paramsivam

10. S.Annamalai

11. G.Ananandan

12. M.Muniyappan

13. J.Balraj

14. K.Shanmugam

15. A.Rajan

16. M.Harikrishnan

17. S.Kothandapani

18. M.Subramanian

19. P.Mani

20. D.Devaraj

21. A.Elangovan

22. V.Ramalingam

23. M.Soundararajan

24. K.Poongavanam

25. A.M.Hussain

26. A.Mohamed Kalimulla

27. V.Ramu

28. R.Mohanraj

29. S.Ramanan

30. N.C.Panneer Selvam

31. N.Vijayakumar

32. J.Selvaraj Page No.3/8

33. C.Chokkalingam

34. K.Venkatesan

35. M.Gnanasundaram

36. S.Ganesan

37. M.Gopal

38. K.Narsimhan

39. S.Venkatesan

40. R.Namasivayam

41. S.Gunasekaran

42. D.Balu

43. P.Mathi Oli

44. G.Velu

45. T.Sivaraj

46. D.Chandrababu

47. G.Saravanan

48. N.Babu

49. P.Prakasam

50. S.Gurusami

51. K.Sankaran

52. G.Sekar

53. V.G.Sekar

54. E.R.Mani

55. K.Kadirvelu

56. K.Sundaram

57. A.Ganesh

58. K.Raja

59. N.Murugesan

60. D.Basheer

61. C.Kandasamy

62. D.Ramalingam

63. P.Kannan

64. S.Nagarajan

65. S.H.Asim Sait

66. R.Dorairaj

67. K.Sridharan

68. G.Niyamadulla

69. N.Mani

70. K.B.Vijayaraghavan

71. M.Gunasekaran Page No.4/8

72. N.Thanajan .. Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 16.11.2010 made in W.P.No.25889 of 2010. For Appellant : Mr.K.Tippu Sultan Government Advocate For Respondents : R1 to R6, R8 to R11 [No appearance] R7, R13, R14, R16 to R72 [given up] R12 and R15 - Dismissed

JUDGMENT

(Judgment of the Court was delivered by R.SURESH KUMAR,J.) This writ appeal has been directed against the order passed by the Writ Court dated 16.11.2010 made in W.P.No.25889 of 2010.

2. In the said writ petition, the learned Judge allowed the said writ petition for conferment of selection grade and special grade to the drivers, who were the petitioners before the learned Judge of-course by following the dictum of a Division Bench of this Court made in W.A.Nos.383 to 391 of 2009 by order dated 01.09.2009.

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3. Today, when the writ appeal is taken up for hearing, Mr.K.Tippu Sulthan, learned Government Advocate appearing for the appellant Department would submit that, as against the order made in W.A.No.383 of 2009, the State preferred SLP in SLP(Civil)No.35969 of 2009 and the said SLP since was pending, during the pendency of the said SLP, this intra-court appeal has been filed and it is pending all along.

4. However, the said SLP has been dismissed subsequently on 25.02.2015, therefore, the issue decided in W.A.No.383 of 2019 since has been confirmed and it has been given a quietus, following the same only, since the impugned order dated 16.11.2010 was passed by the Writ Court, the said order also has to be confirmed as the present appeal has to face the same fate as that of the Writ Appeal No.383 of 2009.

5. The said fair submission made by the learned Special Government Pleader is taken on record.

6. In view of the same, this Writ Appeal deserves to be dismissed, accordingly, it is dismissed and the direction given by the learned Judge in allowing the writ petition through the impugned order, if not already Page No.6/8

been complied with shall be complied with within a period of six(6) weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.

(R.S.K.,J.) (K.B., J.) 09.02.2024 Index: Yes/No Speaking Order/Non Speaking Order mp Page No.7/8

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

mp 09.02.2024 Page No.8/8